Terms of Use

These Terms of Use (the "Terms") govern your access to and use of kimballearthworks.com, including all pages, content, features, forms, and services made available through it (collectively, the "Website"). The Website is owned and operated by Kimball Earthworks ("Company," "we," "us," or "our").

Please read these Terms carefully. By accessing or using the Website, or by submitting information through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Website.

1. Eligibility and Authority

You may use the Website only if you are at least 18 years old and legally capable of entering into a binding agreement. If you use the Website on behalf of a business, organization, or other person, you represent and warrant that you have authority to act for and bind that party. The Website is intended for users located in the United States.

2. Informational Purpose Only

The Website provides general information about the Company and its services. Website content is not professional, legal, financial, engineering, or other specialized advice. You should not rely on Website content as a substitute for a written proposal, professional assessment, or advice appropriate to your circumstances.

Images, descriptions, examples, service areas, timelines, and other Website content are illustrative only. Results vary based on property conditions, project scope, materials, access, weather, permitting, and other circumstances.

3. No Offer, Contract, Guarantee, or Professional Relationship

Website content is an invitation to request information, not a binding offer. Your use of the Website or submission of a contact form does not:

• create a customer, contractor, or other relationship;
• obligate the Company to contact you, inspect a property, provide an estimate, or perform services;
• constitute acceptance of a job or formation of a service contract;
• guarantee pricing, availability, timing, eligibility, results, or suitability; or
• modify any existing written agreement with the Company.

Services will be provided only under a separate written estimate or agreement accepted by the Company. Any price, promotion, or availability displayed on the Website may be changed or withdrawn at any time.

4. Contact and Quote Forms

When submitting a form, you agree to provide current, accurate, complete, and truthful information. You represent that you are authorized to provide all submitted information. Form submissions are not guaranteed to be received, secure, or reviewed within any particular time. If your request is time-sensitive, contact us directly by phone at 207-229-7354.

Do not submit Social Security numbers, payment-card data, bank information, account passwords, medical records, or other highly sensitive information through a general Website form.

5. Emergencies and Time-Sensitive Matters

The Website and its forms are not monitored as an emergency service. Do not use the Website to report an emergency, imminent danger, suspected gas leak, fire, electrical hazard, crime, or other urgent condition. Contact 911 or the appropriate emergency service.

6. Permitted Use

The Company grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for lawful, personal, and legitimate business-inquiry purposes. You may not:

• violate any applicable law, regulation, or third-party right;
• use the Website fraudulently, deceptively, or for an unlawful purpose;
• impersonate another person or misrepresent your identity, authority, or affiliation;
• submit false, fabricated, misleading, harassing, defamatory, or unlawful material;
• interfere with the Website's operation, security, or integrity;
• introduce malware, malicious code, or harmful technology;
• use bots, scripts, scrapers, or automated means to burden or disrupt the Website;
• harvest contact details or personal information;
• copy, reproduce, republish, sell, or commercially exploit Website content without written permission;
• use Website content to train or develop an AI or machine-learning system without prior written consent; or
• assist another person in doing any prohibited act.

7. Intellectual Property

The Website and all original content, designs, graphics, logos, photographs, copy, code, trade names, trademarks, and other materials are owned by or licensed to the Company and are protected by intellectual-property laws. No right, title, or interest is transferred to you. All rights not expressly granted are reserved.

8. User Submissions and Feedback

You retain ownership of material you submit through the Website. You grant the Company a nonexclusive, worldwide, royalty-free license to receive, store, reproduce, and use that material as reasonably necessary to evaluate and respond to your inquiry, protect the Website, and comply with law. You represent and warrant that your submission is accurate, lawful, and noninfringing.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. No method of transmission or storage is completely secure. You provide information through the Website at your own risk.

10. Accessibility

The Company seeks to provide a Website accessible to a broad range of users. If you experience difficulty accessing content or using a feature, contact us at 207-229-7354 or via the contact form. We will make reasonable, good-faith efforts to provide the information or service through an accessible alternative. Additional information about our accessibility efforts is available in our Accessibility Statement.

11. Third-Party Services, Content, and Links

The Website may link to or incorporate maps, social networks, scheduling tools, or other third-party services. The Company does not own or control third parties and is not responsible for their availability, accuracy, content, or practices. A link or integration does not imply endorsement.

12. Website Availability, Changes, and Security

We may change, suspend, restrict, or discontinue any part of the Website at any time without notice. We do not guarantee uninterrupted access, compatibility with every device or browser, or freedom from errors. You are responsible for using current software and reasonable security precautions.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Website and all content, features, and information available through it are provided "as is" and "as available," with all faults. The Company disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security. The Company does not warrant that the Website will be complete, current, accurate, uninterrupted, error-free, secure, or free of viruses.

14. Limitation of Liability

To the maximum extent permitted by law, the Company and its owners, officers, employees, contractors, agents, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost data, or cost of substitute services. To the maximum extent permitted by law, aggregate liability will not exceed the greater of (a) the amount you paid the Company specifically for access to the Website during the six months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising from or relating to your unlawful or unauthorized use of the Website, information or material you submit, your fraud or willful misconduct, or your infringement of another person's rights.

16. Notice and Opportunity to Resolve Disputes

Before filing a lawsuit arising from the Website or these Terms, the complaining party must send a written notice describing the specific issue, dates and facts involved, alleged injury, and relief requested. Notice to the Company must be sent by certified U.S. mail to:

The parties will attempt in good faith to resolve the dispute for 30 days after receipt of a complete notice before filing suit.

17. Governing Law and Venue

These Terms and any dispute arising from or relating to the Website are governed by the laws of the State of Maine, without regard to conflict-of-law principles. Subject to the notice requirement above, exclusive jurisdiction and venue will lie in the state courts located in York County, Maine, or, when federal subject-matter jurisdiction exists, the United States District Court for the District of Maine.

18. Time Limit for Claims

To the maximum extent permitted by law, any claim arising from or relating to the Website or these Terms must be filed within one year after the claim accrued. A claim not filed within that period is permanently barred.

19. Waiver of Jury Trial and Class Proceedings

To the maximum extent permitted by law, each party knowingly and voluntarily waives the right to a trial by jury in any dispute arising from or relating to the Website or these Terms. To the maximum extent permitted by law, each party agrees to bring claims only in its individual capacity and not as a plaintiff, class member, or representative in a class, collective, or representative action.

20. Suspension and Termination

We may block, suspend, or terminate access to the Website when we reasonably believe a user has violated these Terms, threatened the Website or another person, created legal or security risk, or used the Website unlawfully. Provisions that by their nature should survive termination will survive.

21. Changes to These Terms

We may update these Terms by posting a revised version and changing the "Last Updated" date. Your continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.

22. General Terms

These Terms and the incorporated Privacy Policy constitute the entire agreement concerning use of the Website. If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without prior written consent.

23. Contact Information

Questions about these Terms may be sent to: